Legal & Terms
Terms
These terms were last updated: October, 2025.
These Website Terms of Use (“Terms of Use”) are entered into by and between you (“you” or “your”) and The Nest Cryobank, LLC, together with its subsidiaries and affiliates (collectively, “Nest,” “we,” “our,” or “us”). Nest operates an egg banking and donor matching platform. These Terms of Use govern your access to and use of our website, www.nestdonorbank.com, including all sub-pages, mobile applications, portals, SMS text notifications, and any content, functionality, or services offered thereon (collectively, the “Site”). Our services include egg donor identification, screening coordination, donor-recipient matching services, and cryopreservation storage services. We do not provide medical services, medical advice, or medical treatment.
DO NOT USE THE SITE FOR AN EMERGENCY OR URGENT MEDICAL MATTER.
PLEASE REVIEW THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SITE. THE SITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER. BY ACCESSING OR USING THE SITE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE SITE.
THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION AGREEMENT THAT REQUIRES YOU AND NEST TO RESOLVE ANY DISPUTE RELATED TO THE SITE THROUGH FINAL, BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION CAREFULLY BEFORE USING THE SITE.
These Terms of Use contain the following information, which you can access by scrolling down:
No Medical Advice
The Site is provided for informational purposes only and to facilitate connections between egg donors and intended parents. The information provided on the Site, including donor profiles and educational content about egg donation, is not medical advice. All medical aspects of egg donation, including donor medical screening, egg retrieval procedures, and fertility treatments, must be conducted under the supervision of licensed medical professionals. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NEST IS NOT RESPONSIBLE FOR ANY MEDICAL DECISIONS, OUTCOMES, OR RESULTS RELATED TO EGG DONATION OR FERTILITY TREATMENT.
NOTHING ON THE SITE, INCLUDING DONOR PROFILES, EDUCATIONAL CONTENT, OR MATCHING SERVICES, IS INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALL MEDICAL EVALUATIONS, PROCEDURES, AND DECISIONS RELATED TO EGG DONATION MUST BE MADE IN CONSULTATION WITH QUALIFIED HEALTHCARE PROVIDERS. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE.
Accessing and Using the Site
Subject to your ongoing compliance with these Terms of Use, Nest grants you, for your personal, non-commercial use only, a non-exclusive, limited, non-transferable, and revocable license to access and use the Site and Content. Permission is granted to download the Content for your use only and only for the purposes for which we provided you access to the Site, provided you do not delete, modify, overwrite, hack, or attempt to change or alter any of the Content and that you retain all copyright notices and other proprietary notices contained in the Content, as applicable.
You understand that to the extent you post, upload, input, submit, or otherwise provide information, data, or other materials in connection with the Site (together with content from other users of the Site, “User Contributions”), whether publicly posted or privately transmitted, you agree to provide true, accurate, and complete information. This includes, but is not limited to:
- For Egg Donors: personal information, medical history, genetic information, lifestyle information, photographs, personal essays, educational background, and other profile information.
- For Intended Parents: preference criteria, family planning information, selection criteria, and communication with Nest regarding matching services.
Your decision to provide any User Contributions in connection with our Site is voluntary. If you choose to provide User Contributions, you shall be responsible for the accuracy, quality, and legality of the User Contributions provided by you. You warrant that all information provided, particularly medical and genetic information, is truthful and accurate. By providing User Contributions to us or the Site, you grant to Nest and its affiliates the worldwide, irrevocable, perpetual, nonexclusive, royalty free, right and license to use, process, access, display, reproduce, adapt, edit, publish, distribute, copy, host, store, and otherwise exploit such User Contributions as reasonably necessary to perform our obligations under these Terms of Use, including creating and maintaining donor profiles, facilitating matching services, and providing our egg banking services. Nest reserves the right to delete User Contributions that we believe is inappropriate, profane, abusive, explicit, “spam,” or irrelevant in our sole discretion and without notice.
To the extent you provide any User Contributions, including but not limited to personal information, you warrant that: (i) you are providing or obtaining only your own information or the information of others that you are authorized to provide to third parties; and (ii) the use of such information by Nest and its representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties.
YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISK RELATED TO THE UPLOADING, INPUTTING, OR TRANSMISSION OF USER CONTENT TO THE SITE.
We, in our sole discretion, reserve the right to terminate these Terms of Use and access to the Site for any reason or no reason and at any time.
Site Content and Intellectual Property
The Nest name, Nest logo, and all related trademarks, service marks, trade names, logos, product and service names, designs, and slogans (collectively, “Trademarks“) are trademarks of Nest or its affiliates or licensors. You may not use the Trademarks without the prior written permission of Nest. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.
The Site and its entire contents, features, and functionality (including but not limited to all Trademarks, information, software, text, displays, images, video, and audio, and the design, selection, coordination, arrangement and “look and feel” thereof (collectively “Content“)) are owned by Nest, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to any Content is transferred to you, and all rights not expressly granted are reserved by Nest. Any use of Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
If you provide any remarks, feedback, suggestions, ideas, or other information that is communicated by you to us about our products, services, and the Site, including via User Contributions, social media pages, responses to surveys or requests for feedback, and/or other areas or mechanisms by which you may submit comments or other content (“Feedback“), you hereby irrevocably assign such Feedback to us. You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future modifications of the Site or in other of our products or services. We will not be required to treat any Feedback as confidential and will not be liable for any ideas (including without limitation, product, service, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services, or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Restrictions on Use
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree to use the Site only as expressly permitted herein and in compliance with all applicable laws, rules, and regulations. You may not distribute, republish, display, copy, reproduce, download, transmit, license, sell, create derivative works from, transfer, or otherwise exploit any Content or information from the Site, in whole or in part, without our express written permission. You may not “mirror” any Content or information from the Site on any other server without our express prior written permission. You also agree not to permit or to encourage any third party to do any of the same.
In addition, you shall not (and shall not authorize or encourage any person or third party to):
- delete, modify, hack, or attempt to change or alter any of the Content on the Site;
- modify, adapt, translate, reverse engineer, decompile, disassemble, decode, or attempt to derive any source code, underlying ideas, or algorithms of any portion of the Site or any Content;
- interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by introducing any virus, trojan horse, worm, time bomb, or other malicious code;
- use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process or methodology, or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site or Content thereon;
- remove, delete, alter, or obscure any Trademarks, or otherwise remove or modify any copyright or other intellectual property or proprietary rights notices from the Site or any Content;
- replicate, reproduce, copy, or distribute Content from the Site, or any Nest Trademarks, in violation of these Terms of Use;
- impersonate any person or entity, or misrepresent your affiliation with any person or entity, when using the Site;
- post on or transmit through the Site any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or otherwise objectionable;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or servers or networks connected to the Site, or take any other action that interferes with administration, security, and/or operation of the Site or other parties’ use of the Site;
- disseminate, store, upload, or transmit files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any malicious code or program that may damage the operation of another’s computer or the property of another;
- attempt to access computer systems or networks connected to any of our servers or to the Site, through hacking or any other means;
- take any action that imposes an unreasonable or disproportionately large load on Nest and/or our affiliates’ infrastructure;
- publish, post, or otherwise communicate false information, inaccurate information, or information of another person for which you are not authorized to provide; or
- engage in any activity that Nest deems, in its sole discretion, to be in conflict with the spirit or intent of these Terms of Use.
Nest reserves all rights to investigate violations of these Terms of Use, suspend or terminate your access to the Site, and pursue any remedy available at law or in equity.
Privacy
We will treat any information we collect or receive from you through the Site in accordance with our Privacy Policy. This includes personal information, medical history, genetic information, photographs, lifestyle information, and other data provided by egg donors, as well as preference information and selection criteria provided by intended parents. Nest is not a healthcare provider and does not provide medical services, but we do process health information that you provide to us and that we receive from healthcare providers who provide medical services in connection with our egg banking services. Any protected health information (as that term is defined by applicable law) will be handled in accordance with our Privacy Policy and applicable law. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Given the sensitive nature of genetic and medical information associated with egg donation, we employ appropriate security measures as described in our Privacy Policy. If you are unwilling to accept the terms and conditions of our Privacy Policy, please do not use the Site.
Links from the Site and Third-Party Content
The Site may contain links to other websites or resources on the internet that are not maintained by us and with which our connection may only consist of only a hyperlink (“Linked Sites”). Nest does not control, endorse, or assume any responsibility for any Linked Site or third-party content. Your use of Linked Sites is at your own risk and subject to the terms of use and privacy policies applicable to such sites. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that Linked Site or its content, products, or services.
You acknowledge and agree that Nest has no responsibility for the accuracy or reliability of information provided by the Linked Sites. Nest does not author, edit, or have any responsibility to monitor these Linked Sites. You should refer to the separate terms of use, privacy policies, and other rules posted on a Linked Site before you use them. You acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a Linked Site. You bear all risk associated with the use of the Linked Sites, third party services, and your correspondence or business dealings with third parties (including any advertisers) found on or through the Site. We reserve the right to terminate such links at any time.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEST IS PROVIDING THE SITE AND ALL CONTENT ON AN “AS-IS,” “AS-AVAILABLE,” AND “WITH ALL FAULTS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, CONTENT, INFORMATION, OR OTHER MATERIALS INCLUDED ON THE SITE. NEST DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE.
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. NEST DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, OR CURRENT. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON THE SITE AND/OR ANY CONTENT PROVIDED ON THE SITE. YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR DATA ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL, AND/OR DATA. NEST DOES NOT WARRANT THAT THE SITE OR ANY CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
NEST DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. IN ADDITION, THE SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. NEST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE SITE OR ANY OTHER LINKED SITES.
Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable law.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NEST, ITS AFFILIATES, OR OUR OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, PARTNERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, OR ANY CONTENT ON THE SITE OR LINKED SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IF ANY EXCLUSION, DISCLAIMER, OR OTHER PROVISION CONTAINED IN THESE TERMS OF USE IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND NEST, ITS AFFILIATES, OR OUR OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, PARTNERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BECOMES LIABLE FOR LOSS OR DAMAGE THAT WOULD OTHERWISE BE LIMITED, THE AGGREGATE LIABILITY OF NEST AND ITS AFFILIATES, AND OUR OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) IS LIMITED TO ONE HUNDRED DOLLARS ($100.00 USD).
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Nest its affiliates, licensors, and service providers, and all of their respective officers, directors, agents, employees, contractors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: your violation of these Terms of Use; your use of, or activities related to, the Site or Content, including but not limited to, your User Contributions; any use of the Site’s Content, services, and/or products other than as expressly authorized in these Terms of Use; and your use of any information obtained from the Site.
Dispute Resolution
You agree that any dispute arising out of or relating in any way to your use of the Site requires that the claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate the Content and any intellectual property rights therein, Nest may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in San Francisco, California U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.
BECAUSE THE USE OF THE SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party consents (a) to the non-exclusive jurisdiction of the courts of the State of California, or to any federal court located within San Francisco County, California for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim, or provisional equitable remedies, and (b) to service of process in any action by registered mail or any other means provided by law. Should this Section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in the state or federal courts having jurisdiction over San Francisco County, California.
Governing Law; Jurisdiction
These Terms of Use and any dispute arising hereunder shall be governed by and construed in accordance with the internal laws of the State of Delaware, without regard to its conflict of law principles. Subject to the mandatory arbitration provision above, you agree that venue for all actions, arising out of or relating in any way to your use of our Services, shall be in federal or state court of competent jurisdiction located in San Francisco County, California, within one (1) year after the claim arises. Each party waives any objections based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.
Consent to Electronic Communications
By providing your email address or telephone number to Nest, or by communicating with us electronically, you consent to receive communications from us or on our behalf of us, including via email, text message, or phone call, including messages sent using automated dialing technology. You understand that emails and text messages have inherent privacy risks, including that unencrypted emails and text messages are not secure and could be accessed by an unauthorized party, intercepted, or altered without your knowledge or authorization. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. By providing your mobile number, you represent that you are the account holder for that number. If you wish to opt out of such text messages, you may do so by following any opt-out instructions in such text messages. Standard messaging, data, and other carrier fees may apply. You agree to indemnify us and any third parties texting on its behalf in full for all claims, expenses, and damages related to or caused, in whole or in part, by your failure to immediately notify us if you change your telephone number, including but not limited to all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Typographical Errors; Content Disclaimer
Although we attempt to ensure the integrity and accuracy of the Site, we make no claim, representation, or warranty as to the accuracy, reliability, or suitability of the information contained within the Site, including, but not limited to, the Content and any other information contained in any text, documents, graphics, and other elements. The Content may contain technical errors, typographical errors, errors made or perpetuated by third parties, or other forms of error. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on the Site. We reserve the right in our sole discretion to make alterations or deletions to the Content at any time without notice. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on the Site at any time without notice.
Waiver and Severability
No waiver by Nest of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, and any failure of Nest to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms of Use will continue in full force and effect.
Entire Agreement
These Terms of Use, together with our Privacy Policy constitute the sole and entire agreement between you and Nest with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Changes to the Terms of Use
We reserve the right, at our sole discretion, to make changes to all or part of these Terms of Use at any time. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. By using of the Site after we post revised Terms of Use, you accept and agree to the changes. We encourage you to check this page frequently so you are aware of any changes, as they are binding on you.
Contact Information
If you have any questions about these Terms of Use or the Site, please contact us as follows:
Phone: (415) 964-5618
Email: privacy@nestdonorbank.com
You can write to us at:
Nest
1 Daniel Burnham Ct., Suite 110C
San Francisco, CA 94109
Attn: Legal Department
Privacy Policy
Last Updated October 17, 2025.
The Nest Cryobank, LLC (“NEST,” “we,” or “us”) operates as an egg bank and matching service that connects egg donors with intended parents. We value our relationship with you and take your privacy seriously. The purpose of this Privacy Policy (“Privacy Policy”) is to identify how we may process, collect, store, share and use (collectively, “use”) personal information that we may collect or use from you as well as outline the controls and choices you have around when and how you choose to share personal information in connection with your use of any of our websites and any website or services controlled by NEST that includes, displays, attaches, links to, or references this Privacy Policy, including, without limitation, all services, products, mobile applications, portals, SMS text notifications, content, features, and functionality available through this website (collectively, our “Site”). This Privacy Policy also identifies your rights with respect to your personal information, all as described in more detail below. Your privacy and the security of your personal information is, and will always be, important to us.
We may update or modify this Privacy Policy at any time by posting the amended version including the effective date of the updated version. We will announce any material changes to this Privacy Policy by posting the amended version on our website. This Privacy Policy is binding on all those who access our Site, whether acting as an individual or on behalf of an entity, including you and all persons, entities, or digital engines of any kind that harvest, crawl, index, scrape, spider, or mine digital content by an automated or manual process or otherwise. By accessing and/or using our Site, you accept and agree to the terms of this Privacy Policy and the use of your data and personal information as described in this Privacy Policy. If you do not agree to be bound by this Privacy Policy or any subsequent modifications, you should not access or use our Site or disclose any personal information through our Site. This Privacy Policy is incorporated into our Terms of Use.
Information About Our Services
Our services connect two primary user groups:
- Egg Donors: Individuals who apply to donate their eggs through our program. Egg donors undergo comprehensive screening and evaluation, and upon qualification, their profiles are made available to intended parents. Egg donors receive compensation for their time, effort, and the expenses associated with the egg donation process.
- Intended Parents: Individuals or couples seeking to select an egg donor to help them build their family. Intended parents use our matching services to review donor profiles, select donors who meet their preferences, and coordinate the egg donation process through our partner fertility clinics.
Nest serves as an intermediary and coordination service. We screen and qualify egg donors, maintain donor profiles, facilitate matching between donors and intended parents, coordinate the donation process, and arrange compensation and payments. We do not provide medical treatment, perform egg retrievals, or provide fertility treatment services. Medical services are provided by independent healthcare providers and fertility clinics.
This Privacy Policy applies to all personal information collected through our Site and services. Nest is not a healthcare provider and does not provide medical treatment or clinical services. However, as part of our egg bank and matching services, we may collect health-related information from egg donors and intended parents, including medical history, genetic information, and screening results. This information is collected to facilitate donor screening, matching services, and to comply with applicable FDA regulations and industry standards. Such information is subject to this Privacy Policy and the protections described herein. For information collected by healthcare providers who conduct medical screening or treatment as part of the egg donation process, please refer to those providers’ separate privacy notices.
This Privacy Policy contains the following information, which you can access by scrolling down:
How to contact us
You can update your preferences and information, or if you have any questions or concerns about our use of your personal information, by contacting us through any of the methods listed below: Phone: (415) 964-5618
Email: privacy@nestdonorbank.com
Address:
Nest Cryobank
1 Daniel Burnham Court, Suite 110C
San Francisco, CA 94109
ATTN: Privacy Team
The information we collect about you and how we use it
When you visit the Site or use our services, NEST may collect and store personally identifiable information, such as your name, address, and email address. The information that we collect and store about you depends on whether you are an egg donor applicant, intended parent, or general website visitor, and the services in which you elect to participate. For egg donors, we collect comprehensive information to evaluate eligibility and create donor profiles. For intended parents, we collect information to facilitate matching services and coordinate the donation process. We use this information to provide and improve the quality of our egg bank and matching services, offer you opportunities we think will interest you, and better tailor the advertising you see from us to suit you. This information is not shared with anyone outside of NEST except as provided in this Privacy Policy or as explained at the time the information is collected. The information we collect can include personal information (as described below) or non-personal information.
Personal information is information that identifies, relates to, describes, can reasonably be associated with, or can reasonably be linked to an identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. We collect information through any correspondence that you provide to us whether through email, mail, phone calls, or through our Site or services.
In addition, we may also collect personal information about you from third parties, including from the following sources:
- Service providers (e.g., data hosting providers, software and information technology vendors, etc.)
- Data analytics service providers
- Financial and payment technology service providers
- Third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of a business, its assets, or its stock (including in connection with any bankruptcy or similar proceedings)
- Email and other communications service providers
- Recruiting and background check service providers and their agents
- Promotional partners
- Social media platforms
If we combine or associate information from other sources with personal information that we collect through the Site, we will treat the combined information as personal information in accordance with this Privacy Policy.
Information we collect
We may collect the following categories of personal information from you, depending on your interactions with the Site and the choices you make, as further described in the chart below:
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Category |
Collection Types and Descriptions |
How We Use Information Collected |
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Identifiers Name, email address, postal address, billing postal address, work address, telephone number, and Internet Protocol (IP) address. |
Publication Subscription Information You may provide your email address in order to receive updates, success stories, and the like via email (including via “The Blast” as offered through our Site). |
To contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. |
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Service Information This may include any information that you choose to provide, whether by phone, email, mail, or chat, to our representatives or other NEST employees or Representatives (as defined below). |
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Feedback, Surveys, or Contests We may offer you the opportunity to participate in online surveys, solicitations, or contests. Participation in surveys, solicitations, or contests is completely voluntary. Therefore, you have a choice as to whether to disclose any information. |
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Payment and Purchasing Information Financial information provided by you, including name, billing and shipping address, payment information, and other financial data. |
This includes any information that you choose to provide when conducting financial transactions on the Site or through our services, including information we receive from vendors or service providers, such as payment processors. |
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Employment-Related Information Information you provide when applying for employment with NEST, such as education information, professional certifications, work eligibility status, and current and past employment history. |
This includes any information that you choose to provide when applying for employment with NEST, including information you may provide to our third-party employment service providers. |
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Interactions Records of transactions and other information you post or otherwise submit to us, including emails or other communications you provide to us. |
This includes any information provided through electronic or other means when you interact with NEST via email, phone calls, text messaging, or other types of interactions. |
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Usage Information “Usage Information” can be personal information and non-personally identifiable information that may be collected about you when you are using the Site.
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In addition to browser history and device, connectivity, and configuration data, Usage Information may include:
The Site uses cookies, unique identifiers, and similar technologies to collect information over time and across different websites when you use or visit the Site. We or our third-party partners use common tracking tools to collect information about the pages you view, the Site functions that you access, the buttons and icons you click, and to remember your login information and Site settings to make it easier and more efficient for you to use the Site, and to provide advertising content that we think may be of interest to you. For more information about our use of cookies, pixels, and web beacons, please see the “Tracking Technologies and Third-Party Advertisements” section below and as detailed in our Cookie Preferences. We or our third-party partners may use invisible pixels or beacons on the Site to count how many users access or use certain pages, features, or content. |
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Location Data Data about your device’s location, which is inferred from your internet connection data, your IP address, and your postal address, or which you may choose to allow us to access by granting the Site access to your location when prompted. |
We may collect general location information if you use features on the Site that provide location-based services. |
• To provide you with location-based services. • To monitor the usage of the Site. • To gather analysis and assess trends and interests. • To customize the Site to your preferences and location. |
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Demographic Data Data about you such as your business or company information, professional or personal reference contact information, and other data reflecting your preferences for the Site. |
We may collect such personal information when you make an appointment, contact us, inquire about our services, and respond to our communications to you. Demographic data may include data about:
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Third-Party Data Data from third parties such as vendors, data brokers, and public sources. |
This may include both personal information and non-personally identifiable information from our partners, vendors, data brokers, or public sources. |
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Third-Party Social Network Service(s) Data provided if you choose to access, visit, and/or use any third-party social networking service(s) that may be integrated with the Site, we may receive your personal information and other information about you and your computer, mobile, or other device that you have made available to those social networking services, including information about your contacts through those services. |
This may include information provided by certain social networking services that may facilitate registration or enhance or personalize your experience on the Site. This includes if you “follow,” “like,” or link your social networking account to the Site. Your decision to use a social networking service in connection with the Site is voluntary. However, you should make sure you are comfortable with the information your third-party social networking services may make available by reviewing privacy policies of those providers and/or modifying your privacy settings directly with those networking services. |
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Chatbot Interactions Data collected through our automated chatbot system on our website. This may include conversation transcripts, personal identifiers (name, email, phone number), inquiries about egg donation or becoming an intended parent, requests for information about our matching services, and technical data such as session information and response patterns. The chatbot is designed to assist prospective egg donors and intended parents with initial questions about our egg bank and matching services. |
This may include conversation transcripts, personal identifiers (name, email, phone number), inquiries about egg donation or becoming an intended parent, requests for information about our matching services, and technical data such as session information and response patterns. The chatbot is designed to assist prospective egg donors and intended parents with initial questions about our egg bank and matching services. |
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Anonymized Information Data we may create or derive from your personal information or your Site or service usage. |
This may include anonymized and aggregated information that may be created or derived from your personal information or usage of the Site. |
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Donor Application Information |
Personal background, education, family history, lifestyle information, physical characteristics, and motivations for donation provided during the application process. |
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Genetic and Medical History |
Family medical history, genetic testing results, personal health information, and screening results collected during the donor evaluation process. |
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Matching Preferences |
Intended parents’ preferences for donor characteristics, requirements, and selection criteria. |
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Compensation Information |
Payment details, tax information, and compensation records for egg donors. |
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We also collect anonymized and aggregated information through Google Analytics that may be created or derived from your usage of our Site for purposes that include data analysis and improving our Site. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners. If we wish to process your existing information for a new purpose other than as stated above, we must inform you of that further processing and provide information surrounding your information’s use as necessary to provide the Site to you and to comply with a request to be added to our email list. In addition, if we communicate with you for marketing or other promotional purposes, via email, notifications or other messages, we do so based on your consent.
How we use your information
Our legal basis for using your information as described above is a legitimate basis. In relying on legitimate interests as the reason for processing your information, we carry out a balancing exercise to make sure your rights as an individual are not impacted unnecessarily.
We consider that it is reasonable for us to process your personal information for the purposes of our legitimate interests when, on balance, (a) we process your personal information only so far as is necessary for such purpose, and your rights and freedoms do not outweigh such purposes, and (b) it can be reasonably expected for us to process your personal information in this way. In most cases, the information is being processed for your benefit as well as ours.
We have a legitimate business interest in processing your personal information where:
- We need the information to respond to your inquiries or requests (e.g., to add you to our email list when you have subscribed).
- We would be unable to provide our Site or requested services without processing your information.
Tracking technologies and third-party advertisements
Third parties, including advertisers and analytics companies, may collect information, potentially including personal information, about your activities over time and across different websites when you use our Site. Such third parties may provide NEST with data collection, reporting, ad response measurement, and other analytical information. Such third parties may also assist NEST with digital delivery of relevant marketing messages and advertisements.
Cookies. We use cookies to help you navigate efficiently and perform certain functions. You will find detailed information about all cookies under each consent category below. The cookies that are categorized as “Necessary” are stored on your browser as they are essential for enabling the basic functionalities of the site. We also use third-party cookies that help us analyze how you use this website, store your preferences, and provide the content and advertisements that are relevant to you. These cookies will only be stored in your browser with your prior consent. You can choose to enable or disable some or all of these cookies but disabling some of them may affect your browsing experience.
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Cookie Type |
Description |
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Necessary |
These cookies are required to enable the basic features of this site, such as providing secure log-in or adjusting your consent preferences. These cookies do not store any personally identifiable data. |
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Functional |
These cookies enable the website to perform certain functionalities like sharing the content of the website on social media platforms, collecting feedback, and other third-party features. |
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Analytics |
These cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics such as the number of visitors, bounce rate, traffic source, etc. |
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Performance |
These cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. |
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Advertisement |
Advertisement cookies are used to provide visitors with customized advertisements based on the pages you visited previously and to analyze the effectiveness of the ad campaigns. |
You can choose whether to accept certain cookies by changing the settings on your browser or device. Each browser has its own methods for doing this. For detailed instructions on how to disable, block or delete cookies in your browser, consult your browser’s help files or visit How to Manage Cookies. Please bear in mind that if you choose to disable this function, your experience with the Site may be impaired and some features may not work as they were intended. When we use cookies or other similar technologies, we may set the cookies ourselves or ask third parties to do so to help us.
You can opt out of non-essential cookies by adjusting your cookie preferences or by following the instructions in our Cookie Preference Center. Our Sites honors Global Privacy Control signals. Global Privacy Control is a browser tool that you can use to inform websites of your opt-out preferences. To set up Global Privacy Control, you can visit the Global Privacy Control page.
Please note that the Site is not set up to respond to Do Not Track (DNT) signals, but it does respond to browser cookies settings. You may opt out from receiving personalized advertising from some third parties by visiting here. Please note that these choices will not opt you out of receiving advertisements. You will continue to receive generic advertisements.
Pixels, Web Beacons. We or our third-party partners may use invisible pixels or beacons on the Site to count how many users access or use certain pages, features or content. This information is collected and reported in the aggregate. We may use this information to improve our current Site offerings, develop new products or services, and target information to you that may be helpful and useful to you based upon your use of the Site.
Who we may share your information with
In connection with our Site or services, we may share your personal information with the following types of recipients and for the following reasons:
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Categories of Recipients |
Reasons for sharing |
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Service providers |
We use service providers to operate our software and infrastructure, in particular providers that host, store, manage, and maintain our Site, its content and the data we process. This includes our hosting and information security service providers. |
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Corporate affiliates |
We may share your personal information with corporate affiliates including corporate parents, subsidiaries, other affiliated entities and associated entities, and clients. |
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Marketing service providers |
We use marketing service providers to communicate and interact with you. |
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Data analytics providers |
We will share your personal information to create general data analytics regarding usage of our Site on an aggregate basis and without personal identifiers. As noted above, we use Google Analytics, a service provided by Google, Inc., to gather information about how you and other users engage with our Site. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners. |
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Chatbot service providers |
We use a third-party chatbot platform to power our automated customer service interactions. This includes sharing conversation data, personal identifiers, and technical interaction data with our chatbot service provider to enable real-time responses, maintain conversation history, and improve chatbot functionality. Our chatbot providers are contractually required to protect your information and use it only for providing chatbot services to us. |
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Law enforcement and government authorities |
We will share your personal information with third parties where required by law (including to respond to valid legal process such as a search warrant or a court order), where it is necessary in connection with our Site or where we have another legitimate interest in doing so. |
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Other legal or regulatory authorities |
We will share your personal information for us to comply with our legal obligations, including assessing compliance with our regulatory requirements (e.g., using user purchases in the aggregate, including revenues generated in connection with our regulatory tax requirements). |
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Buyer or successor of our business |
We reserve the right to disclose and transfer all information (including personal information) we collect or maintain, including information related to our Sites, to a subsequent owner, co-owner or operator of one or more of the Sites or in connection with a corporate merger, consolidation, or restructuring, the sale of substantially all of our stock and/or assets, or other corporate change, including, without limitation, during the course of any due diligence process. We will share your personal information with any buyer or successor in the event of a merger, reorganization, dissolution, or other sale or transfer of title. |
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Other third parties |
We may share your personal information with other third parties where you expressly request or authorize us to disclose your personal information. |
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Medical screening providers and laboratories |
We share egg donor information with third-party medical professionals, physicians, and laboratories who conduct required health screenings, genetic testing, infectious disease testing, and psychological evaluations as part of the donor qualification process. This information sharing is necessary to assess donor eligibility and comply with FDA regulations. |
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Fertility clinics and reproductive endocrinologists |
We may share selected donor information (including donor profiles and medical screening results) with fertility clinics and reproductive endocrinologists who are working with intended parents. This sharing is necessary to facilitate the egg donation and retrieval process. We only share information with clinics that have been selected by the intended parents or as necessary to coordinate the donation cycle. |
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Financial institutions and payment processors |
We share necessary financial information with banks, payment processors, and financial service providers to process egg donor compensation payments, reimburse donor expenses, and process payments from intended parents for our services. We may also share tax information with tax authorities as required by law (including IRS Form 1099 reporting for donor compensation). |
In addition, we will disclose information about you:
- When we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity.
- If disclosure is necessary to protect the vital interests of a person or the public.
- To protect our property, services and legal rights.
- To prevent fraud against NEST, our Site, our affiliates, egg donors, intended parents, or business partners.
- To support auditing, compliance, and corporate governance functions.
Most, if not all, of the third parties with whom we may share your personal information are located and store your information in the United States, although some may store your information outside of the United States. These third parties are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.
How we safeguard your personal information
We implement reasonable security measures designed to reduce the risks of loss, misuse, unauthorized access, disclosure or alteration of your personal information. While we are committed to protecting your personal information, please note that information stored or communicated over the Internet is never 100% secure. Any transmission of personal information is at your own risk. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us or that are otherwise provided to us and we cannot be responsible for the theft, destruction, or inadvertent disclosure of information. By using our Site, you acknowledge and accept all security risks and risks of loss.
How long we store your personal information
We may store your personal information as long as you use our Site or services and for legitimate business purposes. We may store your personal information following completion of transactions with you to the extent required or useful to comply with our legal, accounting, or reporting requirements (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, enforce our legal agreements and policies and for internal operational and planning purposes. Additionally, we may continue to store your personal information contained in our standard back-ups. Following termination or deactivation of any account you may create, we may retain your personal information for a reasonable amount of time for archival purposes. Furthermore, we may retain and continue to indefinitely use your personal information contained in your communications to other users.
We also will retain Usage Information (as described above) for internal analysis purposes. Usage Information is generally retained for a shorter period of time, except when Usage Information is used to strengthen the security or to improve the functionality of our Site, or we are legally obligated to retain Usage Information for longer periods.
Upon your request, we will delete or de-identify your personal information unless we are legally required or allowed to maintain such personal information.
Data Retention for Egg Donation Records
- Regulatory Requirements: Due to FDA regulations governing tissue banks and egg donation (21 CFR Part 1271), we are required to maintain certain donor screening and testing records for extended periods. These records must be maintained for at least 10 years after the date of donor screening or for at least 10 years after the donation, whichever is later.
- Donor Profile Information: Egg donor profiles, including application information, photos, and personal statements, are maintained for as long as a donor remains in our active donor pool. Once a donor completes their final donation cycle or withdraws from the program, we may retain profile information for historical matching purposes and to facilitate any future contact arrangements agreed upon by the parties.
- Medical and Genetic Records: Medical screening results, genetic testing results, and health information are maintained in accordance with FDA requirements and may be retained indefinitely to facilitate future medical information needs of intended parents, resulting offspring, or donors themselves.
- Financial Records: Compensation and payment records are maintained in accordance with applicable tax laws and accounting standards, typically for at least seven years after the transaction.
- Contact Information for Future Matching: If agreed upon by all parties, we may maintain contact information for egg donors and intended parents indefinitely to facilitate potential future contact arrangements, particularly if offspring wish to contact biological donors after reaching the age of majority.
Donors and intended parents may request deletion of certain information as described in the Additional Notices and Rights section below, but we may be required to retain some information to comply with legal and regulatory obligations.
Links to other sites and services
Our Site may provide links to third-party websites. We do not control such websites, and our connection to them may only consist of a hyperlink (“Linked Sites”). We cannot be held responsible for third parties’ privacy practices or content provided on these websites. If you click on one of these links, please understand that you are leaving our Site and any information you provide will not be covered by this Privacy Policy. All links to Linked Sites are provided only because they may be of interest to users of the Site or offer a service for your convenience. The fact that we offer such links should not be construed in any way as an endorsement, authorization, or sponsorship of that Linked Site or its content, products, or services. Please read that website’s privacy policy before providing any information.
You acknowledge and agree that NEST has no responsibility for the accuracy or reliability of information provided by or through Linked Sites. NEST does not author, edit, or have any responsibility to monitor these Linked Sites. You should refer to the separate terms of use, privacy policies, and other rules posted on a Linked Site before you use them. You acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a Linked Site. You bear all risk associated with the use of the Linked Sites, third party services, and your correspondence or business dealings with third parties (including any advertisers) found on or through the Site. We reserve the right to terminate such links at any time.
Children
Our Site is not directed to anyone under the age of eighteen (18) years (“Children” or “Child”). By using our Site, you represent that you are at least eighteen (18) years old. If you do not meet this age requirement, then you must not access or use our Site.
We do not knowingly collect information from anyone under the age of eighteen (18), and we do not target the Site or our services to Children. If you are under the age of eighteen (18) years old, please do not use our Site and do not provide any information to us. For more information about the Children’s Online Privacy Protection Act (“COPPA”), which applies to websites that direct their services to children under the age of thirteen (13), please visit the Federal Trade Commission’s website https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions.
If you think we have collected information from a Child through our Site, please contact us through one of the methods listed under “How to contact us” above. If we learn that we have collected personal information of a Child, we will take reasonable steps to remove that information from our servers.
Acknowledgement
To the extent that you provide or transmit any information, including, but not limited to, any personal information and any information that identifies any other individual (including without limitation name, email address and/or telephone number), to NEST or our third-party service or data providers, licensors, or distributors (“Representatives”) through the Site, you warrant that: (a) you are providing or obtaining only your own information or the information of others which you are authorized to provide to third parties and/or obtain from third parties on their behalf; and (b) the use of such information by NEST and its Representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties.
REGULATORY COMPLIANCE AND INDUSTRY STANDARDS
Nest operates in compliance with applicable federal and state regulations governing tissue banks and egg donation services, including:
Federal Regulations:
- FDA Regulations: We comply with FDA regulations regarding human cells, tissues, and cellular and tissue-based products (HCT/Ps) under 21 CFR Part 1271, including requirements for donor eligibility determination, donor screening, and donor testing.
- GINA Compliance: We comply with the Genetic Information Nondiscrimination Act (GINA) and maintain strict protections for genetic information, including limitations on use and disclosure of genetic test results and family medical history.
State Law Requirements:
- Donor-Conceived Person Rights: Colorado law (C.R.S. § 19-4.5-101 et seq.) and Oregon law (ORS 109.239 et seq.) require that donor-conceived persons be able to access identifying information about their donor once they reach 18 years of age. All egg donors must acknowledge that their identity may be disclosed pursuant to these state laws, regardless of whether the donation was initially designated as anonymous.
- State Tissue Banking Regulations: We comply with applicable state laws and regulations governing tissue banking and egg donation in all states where we operate.
Industry Standards:
- ASRM/SART Guidelines: We follow guidelines established by the American Society for Reproductive Medicine (ASRM) and the Society for Assisted Reproductive Technology (SART) regarding ethical egg donation practices, donor screening standards, and compensation practices.
Governing law and jurisdiction
This Privacy Policy shall be construed and governed under the laws of the United States and State of Delaware (without regard to rules governing conflicts of laws provisions). Subject to the mandatory arbitration provision as captured in our Terms of Use, you agree that venue for all actions, arising out of or relating in any way to your use of our Site, shall be in federal or state court of competent jurisdiction located in San Francisco County, California, within one (1) year after the claim arises. Each party waives any objections based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.
Special notice to non-U.S. users regarding data transfers
If you are located outside of the U.S., please note that we store your personal information in the United States or other locations that may be outside your home country. The privacy protections and the rights of authorities to access your information in these countries may not be the same as in your home country. If you are visiting our Site or using our services from outside of the U.S., please note that you are transferring information about you, including personal information, to a country and jurisdiction that may not have the same data protection laws as your country of residence. Because of the nature of our services, you may not have the same rights regarding your personal information that you would have interacting with a company in your jurisdiction.
If you are located in a country outside the U.S. and submit personal information to us, you consent to the general use and disclosure of such information as provided in this Privacy Policy and to the transfer and/or storage of that information to the U.S. and other countries outside your home country.
Donor Anonymity and Information Sharing
Information Shared with Intended Parents
During the Donation Process:
- Anonymous Donations: Nest offers both anonymous and known egg donation arrangements. For anonymous donations, we maintain donor anonymity by not disclosing identifying information (such as full name, contact information, or precise location) to intended parents during the donation process. Intended parents receive comprehensive profile information, including physical characteristics, medical and genetic history, educational background, and personal statements, but not information that would directly identify the donor at the time of donations.
- Known Donations: In some cases, egg donors and intended parents may mutually agree to a known donation arrangement where identifying information is shared from the outset. Such arrangements are clearly disclosed and agreed upon by all parties before any information sharing occurs.
State Law Requirements for Donor-Conceived Persons:
- Notwithstanding any anonymous donation arrangement, Colorado law (C.R.S. § 19-4.5-101 et seq.) and Oregon law (ORS 109.239 et seq.) require that donor-conceived persons be able to access identifying information about their donor once they reach 18 years of age. This means that even in anonymous donation arrangements, donor identifying information will be disclosed to any resulting donor-conceived person who requests it after turning 18. Donors are informed of this legal requirement before donation, and all donors must acknowledge that their identity may be disclosed pursuant to these state laws.
After Donation – Legal Requirements:
- Profile Information: Donor profiles made available to intended parents include photographs, physical descriptions, educational and employment information, family medical history, genetic testing results, and personal essays. While comprehensive, these profiles are designed to protect donor identity from intended parents in anonymous arrangements during the donation process.
Post-Donation Contact:
- Our policies regarding post-donation contact and future information sharing are disclosed in separate agreements between Nest, egg donors, and intended parents. This Privacy Policy governs how we collect, use, and protect information but does not address voluntary post-donation contact arrangements, which are contractual matters.
- Future Contact by Offspring: As egg donation may result in the birth of children, we maintain records to comply with Colorado and Oregon laws requiring disclosure of donor identity to donor-conceived persons at age 18. Additionally, if all relevant parties (donor, intended parents, and any resulting offspring when they reach the age of majority) voluntarily agree to contact beyond what is legally required, we may facilitate such contact. However, disclosure to donor-conceived persons at age 18 pursuant to Colorado and Oregon law does not require consent from donors or intended parents—it is a legal right of the donor-conceived person.
Additional notices and rights
You have choices about how we use your personal information to communicate with you. You can opt-out from receiving future marketing communications from us at any time by:
- Using unsubscribe functions in email, text messages, or phone calls you receive from us.
- Contacting us as set forth under “How to contact us” above.
Depending on where you live, you may have certain rights with respect to your data under certain circumstances, which may include the following:
- The right to request access to your personal information and the following information regarding our use of your personal information:
- The purpose of such use
- The categories of your personal information that we have used
- To whom we have disclosed your personal information.
- The right to request that we erase your personal information when we no longer need such data in connection with our Site or our services.
- The right to request that we correct any inaccurate personal information concerning you. You may also update or change your information under your account settings.
- The right to withdraw consent to our use of personal information, if we are relying on consent to use your personal information.
- The right to request that we restrict our use of your personal information (e.g., suspend our use of your personal information).
- The right to object to our use of your personal information where we are not using it to perform services you have requested from us.
- The right to receive a copy of your personal information.
- The right to lodge a complaint with the relevant regulator or supervising authority of your state or country.
If you want to exercise any of the rights listed above and you are a resident of a jurisdiction providing you such rights, please contact us through one of the methods listed in under “How to contact us” above.
Please note that in order for us to verify certain requests (including verification of your identity, residency, and (for requests made on behalf of someone else) your relationship with the individual on whose behalf the request is being made), you may be required to confirm information that we have on file for you including email address, phone number, full name, address and other personal information. We reserve the right to deny a request if the identity or authority of the requesting party cannot be confirmed.
We will confirm receipt of your request within ten (10) business days and may request additional information necessary to verify that you are permitted to make the request. We will respond to any verifiable request within thirty (30) calendar days of receiving it, subject to delays and exclusions permitted by law. If we require more time to respond, we will let you know the reason why and the extension period in writing. If you have a password-protected online account with us, we may respond via that account. If you do not have an online account, we will use the email address or postal address you provided to us when making the request.
In certain cases, a request may be denied. For example, businesses are not required to delete personal information if it is necessary to complete a transaction, is reasonably used for an ongoing business relationship, or is used internally in a lawful manner that is compatible with the context in which the individual provided the information. If we deny your deletion request in whole or in part, we will explain why we denied it but will delete your information in a manner consistent with this Privacy Policy and applicable law. If we deny a request for information, we will still try to provide you as much of the information as we can, but we will withhold the information subject to denial.
We do not charge a fee to process or respond to your verifiable request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your privacy rights, including, but not limited to, by:
- Denying goods or services.
- Charging different prices or rates for goods and services, including through the use of discounts or other benefits or imposing penalties.
- Providing a different level or quality of goods or services.
- Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services. We may, however, charge a different price or rate, or provide a different level or quality of goods or services, if that difference is related to the value provided by your information.
If the jurisdiction in which you reside gives you the right to appeal, you can appeal our denial of any requests to exercise any of the rights described below through one of the methods in the “How to contact us” section.
We do not sell personal information for valuable consideration. We use cookies and tracking technologies as described above in the “Tracking technologies and third-party advertisements” section of this Privacy Policy and in our Preference Center. We also may disclose information about you to advertising providers in order to deliver you targeted advertisements across the internet as described in this Privacy Policy,
Certain of our disclosures may be considered a “sale” or “sharing” of personal information under state privacy laws, including California Consumer Privacy Laws (defined further below). Under those more expansive definitions, we have “sold” or “shared” the following categories of personal information in the past twelve (12) months:
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Categories of Personal Information Sold/Shared in the Past 12 Months |
Categories of Recipients |
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Identifiers |
Marketing service providers; advertising networks; data analytics providers |
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Interactions |
Marketing service providers; advertising networks; data analytics providers |
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Internet / electronic network activity |
Marketing service providers; advertising networks; data analytics providers |
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Geolocation data |
Marketing service providers; advertising networks; data analytics providers |
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Demographic data |
Marketing service providers; advertising networks; data analytics providers |
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Chatbot Conversation data |
Chatbot service provider |
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Donor profile information |
Fertility clinics; reproductive endocrinologists; intended parents (through secure portal access) |
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Genetic and Medical history data |
Medical screening providers; fertility clinics; intended parents (for matched donors only) |
California personal information
If you are a resident of California, the laws of California provide you certain rights regarding your personal information. This includes rights afforded to you pursuant to the California Consumer Privacy Act as amended by the California Privacy Rights Act (collectively, “California Consumer Privacy Laws”).
Shine the Light. You have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. To make a request, please send us an email at the address provided in the “How to contact us” section. Indicate in your letter that you are a California resident making a “Shine the Light” inquiry.
CA Personal Information. The California Consumer Privacy Laws define personal information as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“CA Personal Information”). CA Personal Information does not include: (1) De-identified or aggregated information; (2) information that is lawfully made available from federal, state, or local government records, or information that NEST has a reasonable basis to believe is lawfully made available to the general public by the consumer or from widely distributed media; or information made available by a person to whom the consumer has disclosed the information if the consumer has not restricted the information to a specific audience; and (3) information excluded from the California Consumer Privacy Laws, such as financial information covered under the Fair Credit Reporting Act (FCRA), HIPAA, or Gramm-Leach-Bliley Act (GLBA).
Categories of Information We Collect and Disclose. The following chart provides information about the types of CA Personal Information we collect, the sources of the information, the purposes for which we use the information, whether the information has been disclosed for a business purpose, and the categories of third parties with whom we have shared this information in the last twelve (12) months.
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Type of CA Personal Information |
Categories of Sources |
Business or Commercial Purposes for Collection |
Disclosed for a Business Purpose? |
Third Parties to whom Disclosed for Business Purpose |
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Identifiers This may include but is not limited to: Contact information, real name, postal address, email address, telephone number, social media usernames, or other similar identifiers. |
Directly from you; From our Sites as defined in our Terms of Use; Vendors; Data brokers; Social media platforms and networks; and government agencies. |
To provide you with services and for internal purposes. |
Yes |
Internet service providers; analytics providers; advertising networks; professional services providers; government agencies; and affiliates |
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Internet and Electronic Network Activity Information This may include but is not limited to: browsing history, search history, and information regarding your interaction with our website or advertisements. |
From our Sites as defined in our Terms of Use; vendors; and social media platforms and networks. |
To provide you with services and for internal marketing analytics. |
Yes |
Internet service providers; analytics providers; advertising networks; professional services providers; government agencies; and affiliates |
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Location Data This may include but is not limited to: device location. |
From our Sites as defined in our Terms of Use. |
To provide you with services and for internal purposes. |
Yes |
Internet service providers; analytics providers; and advertising networks; |
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Commercial Information This may include but is not limited to: transaction information, records of service history, and service tendencies. |
Directly from you; website cookies; vendors; data brokers; social media platforms and networks; and government agencies. |
To provide you with services and for internal purposes such as analytics. |
Yes |
Internet service providers; analytics providers; advertising networks; professional services providers; government agencies; and affiliates |
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Audio, Electronic, or Visual Information This may include but is not limited to: audio and video recordings, and other electronic communications. Video surveillance may be conducted in public areas of our facilities, including lobbies, waiting areas, and common spaces for security and safety purposes. Audio is not recorded as part of video surveillance systems. Private consultation rooms and screening areas are not subject to general surveillance to protect privacy and confidentiality. |
Directly from you; vendors; social media platforms and networks; and government agencies. |
To provide you with services, complete transactions, for internal marketing analytics, and to defend and/or pursue legal rights of NEST or others as may be applicable. |
Yes |
Professional services providers; government agencies; and affiliates |
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Inferences from CA Personal Information Collected This may include but is not limited to: creating consumer profiles reflecting preferences and predispositions. |
The original sources are the above enumerated sources of the underlying data that is compiled. |
To provide you with services, for advertising and for internal reporting and analytics purposes. |
Yes |
Analytics providers; advertising networks; and affiliates |
|
Donor Application and Profile Information |
This may include but is not limited to: educational history, employment information, family composition, physical characteristics, photos, personal essays, and background information provided by egg donor applicants. |
Directly from egg donor applicants; verification services; educational institutions; background check providers. To evaluate donor eligibility. To create donor profiles for intended parent review. To facilitate matching services. To verify information provided by donors. |
Yes |
Medical screening providers; fertility clinics; reproductive endocrinologists; intended parents (through secure access to profiles); verification service providers; professional services providers. |
|
Genetic and Medical Information |
This may include but is not limited to: genetic testing results, family medical history, personal health history, psychological evaluation results, drug screening results, infectious disease testing results. |
Directly from egg donors; medical screening providers and laboratories; genetic testing companies; psychological evaluators; healthcare providers. To assess donor medical eligibility. To comply with FDA regulations for donor screening. To provide health information to intended parents. To maintain required records. |
Yes |
Medical screening providers and laboratories; fertility clinics; reproductive endocrinologists; intended parents (for matched donors); regulatory authorities; professional services providers. |
|
Financial and Tax Information |
This may include but is not limited to: bank account information, tax identification numbers, compensation records, payment history, expense reimbursements. |
Directly from egg donors and intended parents; financial institutions; payment processors.To process donor compensation. To reimburse donor expenses. To process intended parent payments. To comply with tax reporting obligations. |
Yes |
Financial institutions and payment processors; tax authorities; professional services providers (accountants, auditors). |
Your California Consumer Privacy Law Rights
You may have certain rights with respect to CA Personal Information that we have collected and used under certain circumstances, including the below. However, these rights are not absolute, and in certain cases we may decline your request as permitted by law.
Information. You can request that we provide you the following information regarding our use of your CA Personal Information:
- The categories of your CA Personal Information that we have collected
- The purposes for which we have collected or used such CA Personal Information
- The categories of sources for the CA Personal Information we have collected about you
- The categories of third parties with whom we have disclosed your CA Personal Information
- If we have disclosed your CA Personal Information for a business purpose, a list identifying the CA Personal Information categories that each category of recipient obtained
- If we have sold your CA Personal Information, a list identifying the CA Personal Information categories that each category of recipient purchased
Access. You can request that we provide you a copy of your CA Personal Information that we have collected in the past twelve (12) months.
Correction. You can request that we correct any inaccuracies in your CA Personal Information. NEST will use commercially reasonable efforts to correct the identified inaccurate information upon receiving a verifiable request.
Deletion. You can request that we delete your CA Personal Information collected in the past twelve (12) months when we no longer need such data in connection with our business (subject to certain exceptions that may apply under applicable law).
Opt-Out of Sale or Sharing. Under California Consumer Privacy Law, you have the right to opt out of the sale or the disclosing of your CA Personal Information for purposes of cross-context behavioral advertising (“sharing”).
Limit Use of Sensitive Personal Information. You have the right to limit the use and disclosure of your “sensitive personal information” obtained by NEST.
Right to Non-Discrimination. If you choose to exercise your privacy rights under the California Consumer Privacy Laws we will not charge you different prices or provide different quality of services unless those differences are related to your CA Personal Information or otherwise permitted by law.
If you are a California resident where one or more of these rights are granted to you under applicable law, and you wish to exercise any such rights listed above, you may exercise your privacy rights by visiting Insert link to webform, by emailing privacy@nestdonorbank.com or calling our toll free phone number at (800) 764-8960.
Only you, or an agent legally authorized to act on your behalf, may make a verifiable consumer request related to your CA Personal Information (“California Consumer Request”). Please understand that we are required to verify your California Consumer Request and may require you to provide some information to enable us to carry out such verification. We will deny requests from agents that do not submit proof of legal authorization to act on your behalf. To verify that an agent has legal authority to act for you, we may require a copy of a power of attorney or require that you provide the agent with written permission and verify your own identity with us. We cannot respond to your California Consumer Request or provide you with CA Personal Information if we cannot verify your identity or authority to make the California Consumer Request and confirm the CA Personal Information relates to you.
When you, or someone legally authorized to act on your behalf, make a California Consumer Request, you can expect the following:
- We will verify your identity. You will need to provide us with certain information so that we can verify that you are who you say you are. Which information is required may depend on the type and sensitivity of information subject to the California Consumer Request.
- We will respond to your California Consumer Request within the legally required amount of time. If necessary, we may need additional time to respond where allowed by law, but we will reply either way within the legally required period and, if we need an extension, we will explain why.
- In certain cases, a California Consumer Request may be denied. For example, if we cannot verify your identity or if providing you information could create an unreasonable risk to someone’s security (for example, we do not want very sensitive information disclosed inappropriately). If we deny your California Consumer Request, we will explain why we denied it.
Making a California Consumer Request does not require you to create an account with us. We will only use CA Personal Information provided in a California Consumer Request to verify the requestor’s identity or authority to make the California Consumer Request.
Only California residents can make a California Consumer Request. A California resident is a person who currently lives in California or is domiciled in California but is outside of the state for a temporary or transitory purpose.